ABC BENEFITS CORPORATION ACT - Revised Statutes of Alberta 2000 Chapter A-1
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Province of Alberta
ABC BENEFITS CORPORATION ACT
Revised Statutes of Alberta 2000
Chapter A-1
Current as of January 17, 2006
Office Consolidation
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Note
All persons making use of this consolidation are reminded that it has no
legislative sanction, that amendments have been embodied for convenience of
reference only. The official Statutes and Regulations should be consulted for all
purposes of interpreting and applying the law.
Regulations
The following is a list of the regulations made under the ABC Benefits
Corporation Act that are filed as Alberta Regulations under the Regulations Act.
Alta. Reg. Amendments
ABC Benefits Corporation Act
ABC Benefits Corporation ........................272/96 .................. 232/2001, 5/2006,
68/2008, 31/2012ABC BENEFITS CORPORATION ACT
Chapter A-1
Table of Contents
1 Definitions
2 ABC Benefits Corporation
3 Purposes of Corporation
4 Board of directors
4.1 Duty of care
4.2 Duties of board
5 No distribution of assets
6 Disposition of operations, assets
7 Bylaws
8 Head office
9 Auditor
9.1 Preparation of financial statements
10 Annual report
11 Information to Minister
12 Insurance Act does not apply
12.1 Payment instead of taxes
13 Regulations
14 Transitional
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of Alberta, enacts as follows:
Definitions
1 In this Act,
(a) “Alberta Blue Cross Plan” means the Alberta Blue Cross
Plan operated by the Corporation in accordance with this
Act and the regulations;
(a.1) “board” means the board of directors of the Corporation;RSA 2000
Section 2 ABC BENEFITS CORPORATION ACT Chapter A-1
(b) “Corporation” means the ABC Benefits Corporation
continued under section 2;
(c) “Minister” means the Minister determined under section
16 of the Government Organization Act as the Minister
responsible for this Act.
RSA 2000 cA-1 s1;2004 c5 s1
ABC Benefits Corporation
2(1) The Board of Trustees of the Alberta Blue Cross Plan is
continued as a not-for-profit corporation with the name “ABC
Benefits Corporation”.
(2) To carry out its purposes the Corporation has the capacity and,
subject to this Act and the regulations, the rights, powers and
privileges of a natural person.
1996 cA-0.5 s2
Purposes of Corporation
3 The purposes of the Corporation are
(a) to initiate, own, participate in or operate projects, plans or
programs, and to provide related services, that are
intended or designed to improve the health and well-being
of the residents of Alberta and other customers of the
Corporation;
(b) to provide or arrange for the provision of supplementary
health benefit programs and related or associated benefit
programs and services;
(c) subject to this Act and the regulations, to continue the
operation of the Alberta Blue Cross Plan.
RSA 2000 cA-1 s3;2004 c5 s1
Board of directors
4(1) The Corporation shall be governed by a board of directors,
which shall manage or supervise the management of the business
and affairs of the Corporation.
(2) The board consists of the number of members determined
under the regulations and the members shall be appointed in the
manner provided for in the regulations.
RSA 2000 cA-1 s4;2004 c5 s1
2RSA 2000
Section 4.1 ABC BENEFITS CORPORATION ACT Chapter A-1
Duty of care
4.1(1) Every member of the board and every officer of the
Corporation, in exercising any of the powers of a member or an
officer and discharging any of the duties of a member or an officer,
must
(a) act honestly and in good faith with a view to the best
interests of the Corporation, and
(b) exercise the care, diligence and skill that a reasonable and
prudent person would exercise in comparable
circumstances.
(2) Every member of the board and every officer and employee of
the Corporation must comply with this Act, the regulations and the
bylaws of the Corporation.
(3) No provision in any contract, in any resolution or in the bylaws
of the Corporation relieves any member of the board or officer or
employee of the Corporation from the duty to act in accordance
with this Act and the regulations or relieves a member, officer or
employee from liability for a breach of that duty.
2004 c5 s1
Duties of board
4.2 The board shall
(a) establish an audit committee and a conduct review
committee;
(b) appoint an actuary for the Corporation;
(c) establish and maintain policies and procedures to ensure
that the Corporation applies prudent investment standards;
(d) establish and maintain policies and procedures addressing
the identification, disclosure and resolution of matters
involving conflict of interest of members of the board and
senior officers and employees of the Corporation.
2004 c5 s1
No distribution of assets
5 The Corporation shall not distribute surplus assets or earnings to
the members of the board or to any of the officers or employees of
the Corporation.
1996 cA-0.5 s5
3RSA 2000
Section 6 ABC BENEFITS CORPORATION ACT Chapter A-1
Disposition of operations, assets
6(1) The Corporation shall not dispose of any part of its operations
as a going concern except
(a) with the prior consent of the Lieutenant Governor in
Council,
(b) pursuant to an order of the Lieutenant Governor in
Council under subsection (2), or
(c) as part of the winding-up of the Corporation.
(2) The Lieutenant Governor in Council may by order direct the
Corporation to dispose of
(a) all or part of its property, assets, liabilities or obligations,
or
(b) all or part of its operations as a going concern.
(3) An order under subsection (1)(a) or (2) may be made subject to
any terms and conditions, and may contain any terms and
conditions, respecting the disposition that the Lieutenant Governor
in Council considers appropriate.
1996 cA-0.5 s6
Bylaws
7(1) The board may make bylaws respecting the conduct of the
business and affairs of the Corporation.
(2) Bylaws made under subsection (1) must not be inconsistent
with this Act or the regulations.
(3) The Regulations Act does not apply to bylaws made under this
section.
1996 cA-0.5 s7
Head office
8 The Corporation shall maintain its head office in Alberta.
1996 cA-0.5 s8
Auditor
9 The Corporation shall appoint a qualified person as auditor of
the Corporation.
1996 cA-0.5 s9
4RSA 2000
Section 9.1 ABC BENEFITS CORPORATION ACT Chapter A-1
Preparation of financial statements
9.1(1) The Corporation shall ensure that audited financial
statements for the Corporation are prepared annually.
(2) The audited financial statements must be prepared in
accordance with the regulations, and must show the operations of
the Corporation that relate to the administration of programs that
are funded by the Government of Alberta separately from the other
operations of the Corporation.
(3) The Corporation shall establish and maintain a policy that
ensures the fair and reasonable allocation of expenses and income
among the operations referred to in subsection (2).
(4) The Corporation’s policy liabilities with respect to the
operation of the Alberta Blue Cross Plan, as shown in the audited
financial statements, must be certified by the actuary.
(5) The Corporation shall make the audited financial statements
available for inspection to any person on request and shall provide
a copy of the audited financial statements to any person on request.
(6) The Corporation may charge a reasonable fee on a cost
recovery basis for a copy of the audited financial statements
provided under subsection (5).
2004 c5 s1
Annual report
10 The Corporation shall, not later than 120 days after the end of
each fiscal year, prepare and submit to the Minister in a form that is
acceptable to the Minister an annual report for the fiscal year that
includes the Corporation’s audited financial statements and any
other information required by the Minister.
1996 cA-0.5 s10
Information to Minister
11 The Corporation shall on the written request of the Minister
provide to the Minister within the time specified in the request any
reports, returns or other information relative to the operations of the
Corporation that is specified in the request.
1996 cA-0.5 s11
Insurance Act does not apply
12(1) The Insurance Act does not apply in respect of the
Corporation’s operation of the Alberta Blue Cross Plan.
5RSA 2000
Section 12.1 ABC BENEFITS CORPORATION ACT Chapter A-1
(2) The Corporation shall not undertake insurance except as part of
its operation of the Alberta Blue Cross Plan.
RSA 2000 cA-1 s12;2004 c5 s1
Payment instead of taxes
12.1(1) If the Corporation is exempt from the payment of income
tax under the Income Tax Act (Canada) or the Alberta Corporate
Tax Act with respect to a taxation year, it must, in accordance with
the regulations, pay to the Crown in right of Alberta an amount in
lieu of tax with respect to that year.
(1.1) If in respect of a taxation year the Corporation is entitled to a
refund in accordance with the regulations because
(a) the amount of instalments paid by the Corporation in a
taxation year was greater than the actual payment required
under the regulations, or
(b) under the regulations the Corporation would have been
entitled to a refund if it had been required to pay tax under
the Alberta Corporate Tax Act or the Income Tax Act
(Canada), or both,
the refund may be paid out of the General Revenue Fund.
(2) Subsection (1) applies with respect to 2005 and subsequent
taxation years.
2004 c5 s1;2005 c25 s19
Regulations
13 The Lieutenant Governor in Council may make regulations
(a) specifying the programs and services that constitute the
Alberta Blue Cross Plan and governing the nature and
extent of those programs and services;
(a.1) governing, prohibiting and restricting the Corporation’s
exercise of its powers, the carrying out of its purposes and
the performance of its duties under this Act;
(b) respecting the number of members on the board and
providing for all things related to the nomination and
appointment of members of the board;
(c) respecting the payment of remuneration and expenses to
members of the board;
(c.1) governing
6RSA 2000
Section 14 ABC BENEFITS CORPORATION ACT Chapter A-1
(i) the manner in which audited financial statements are
to be prepared, including the manner in which
information is to be presented in them, and
(ii) the manner in which the audit function is to be
carried out
for the purposes of section 9.1;
(c.2) excluding programs that are funded by the Government
from the reporting requirement in section 9.1(2);
(c.3) governing the manner in which the audit committee and
the conduct review committee are constituted and
governing their powers, duties and functions;
(c.4) governing the qualifications of a person to be appointed as
actuary, and governing the powers and duties of the
actuary and the manner in which they are to be carried
out;
(c.5) governing the manner in which the amount payable under
section 12.1 is to be determined;
(c.6) governing the interval for payment of the amount to be
paid under section 12.1;
(c.7) for the purposes of section 12.1, making any provisions of
the Income Tax Act (Canada) and the Alberta Corporate
Tax Act and regulations under either or both enactments
applicable to the Corporation, with or without
modifications;
(d) governing the winding-up of the Corporation.
RSA 2000 cA-1 s13;2004 c5 s1
Transitional
14(1) On December 1, 1996, all of the rights, powers, property,
assets, obligations and liabilities of the Provincial Health
Authorities of Alberta in respect of the operation of the Alberta
Blue Cross Plan are vested in and become the rights, powers,
property, assets, obligations and liabilities of the Corporation.
(2) If a question arises as to the application of subsection (1) with
respect to a particular right, power, property, asset, obligation or
liability, the matter shall be referred to the Minister, whose decision
is final.
1996 cA-0.5 s14
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